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Review of Amudim be-Toldot Sefer ha-I…

Review of Amudim be-Toldot Sefer ha-Ivri Haghot u-Maghimby Eliezer Brodt and Dan Rabinowitz
Yaakov S. Spiegel, Amudim be-Tolodot Sefer ha-Ivri Haghot u-Maghim (Chapters in the History of the Jewish Book Scholars and their Annotations), Ramat Gan, 20052, 689 pp.

In 1996, Bar Ilan Press published Amudim be-Toldot Sefer ha-Ivri Haghot u-Maghim from Professor Yaakov S. Spiegel. Shortly thereafter, this edition sold out due to its popularity. A few years later Amudim be-Toldot Sefer ha-Ivri Kitevah ve-haTakah (volume two) was published.  More recently, Amudim be-Toldot Sefer ha-Ivri Haghot u-Maghim was reprinted with over seventy five pages additional pages full of many important additions. In this new edition, Spiegel apologizes to the people who purchased the first edition of his work and would now have to buy the new one if they want the updates.  Spiegel offered that the requirement for a completely new edition rather than an addendum was out of his control.  Although the importance and quality of the book will be obvious shortly, it has not been reviewed or discussed properly in academic journals except for a short review on Hamayan (37, 3: 69-75). This post hopefully is a start in rectifying this omission.  This volume is the first of two (current) volumes discussing the History of the Jewish book – specifically the creation and alteration of the Jewish books.  That is, this volume covers annotating or editing texts.  Essentially, this work is divided into two parts, (Spiegel divides it into four parts) the first, discusses the permissibility of editing texts and the second discusses annotators and editors.  The first portion begins with the sugyah of editing texts in the time of the Mishana (sifrei torah) and moves into the topic of the prohibition of having a unedited sefer. These two chapters play an important role in the background of this topic of editing seforim.  Spiegel then moves into the era of the geonim and rishonim dealing at great length with there methods of editing or annotating texts. He discuses at great length the methods of Rabbenu Gershom, Rashi and Rabbenu Tam.  As is well known Rabbenu Tam prohibited the editing or annotating texts Spiegel discusses the complete background of Rabbenu Tam's opinion going through the myriad of sources when Rabbenu Tam's restriction applies. This discussion includes an analysis of Rabbenu Tam's work Sefer Hayashar and his famous disagreement with R Meshulem. Spiegel, as he does in each of the chapter, quotes all the previous sources on the topics and rechecks it all carefully and comes out with many new important conclusions. Spiegel then proceeds to deal with the different works of haghot in the times of rishonim and the nature of these works. Of particular interest is his sections on the Haghot Ashrei (pp. 183-90) and on the Ravad's comments on the Ramabam discussing if those comments are plain haghot or hasaghot (pp. 198-207).  The second section of the book surveys the story of Haghot u-Maghim from the beginning of the printing press, in approximately 1456, until 1840. He begins with chapters on the importance of the printing press (see also pp. 300-06) and moves in to the job of the annotators and editors and their methods. Dealing with topics such as, did Rabbenu Tam only speak to instances where one is erasing the text and substituting another but if one merely notes an alternative reading and preserves the original that is OK? Or, is it only applicable to manuscripts or does it apply to printed works as well?  The distinction being, in the case of a manuscript, that manuscript may be the only copy and, if one alters the text, the original is forever lost.  Additionally, Spiegel discusses at length the important question of whether one can correct texts based on logic or textual support. An interesting section is where he brings a bunch of sources that there is a special will from God that these mistakes happened and should remain (pg 262-269). There are chapters on the various 'editors' such as R. Betzalel Ashkenazi, R. Yoel Sirkes (Bach), Maharshal, Maharsha, Maharam, R. Jacob Emden, R. Y. Pick, Gra, Rashash, and a host of others.  For each one Spiegel discusses which version of the Talmud they were addressing their emendation and whether their emendations were based on manuscript evidence or their own determination that the text was corrupted. These questions are very important. For example, Spiegel notes that the Maharshal (p. 315) and Maharsha (p. 323) did use manuscript evidence many times whereas the Maharam (p. 325) did not use manuscript evidence frequently.   As to the Bach's emendations, Spiegel notes that weren't published until the 19th century, but the Bach's comments were addressed at earlier, different version of the Talmud.  Thus, at times, it is unclear what the Bach is changing.  Indeed, Spiegel shows how some commentaries have misunderstood the Bach's comments. Spiegel deals with at length what the Bach's goals were. Spiegel also shows that there were additions to the work after the Bach's death. As to the Bach's usage of manuscripts Spiegel shows it's still not proven that the Bach  used them as most of the changes can be found in Ein Yakkov.    Spiegel devotes a long chapter dealing with the Gra notes amongst the topics he discusses are what was the Gra's point in his comments, and to why there are contradictions in his notes on Shas to his other writings (pg 450). As to the question of whether the Gra used manuscripts Spiegel concludes that it appears that he did not [although he did visit libraries and saw old seforim (pg 454-457)]. Another whole section Spiegel devotes to is discussing Rabinowich's Dikdukei Soferim at length. This is especially important in that Dikdukei Soferim is a collection of variant readings of the Talmud.  As many great Rabbis of Rabinowich's time praised this work, this tends to show these Rabbis' position on emending texts. Spiegel shows the may people who used it and how those who did not use it could have benefited from availing themselves to Dikdukei Soferim. Spiegel deals with various theories why it was not used widely. He concludes that it appears that the Dikdukei Soferim is becoming more widespread. He even quotes recent sales of Dikdukei Soferim and notes how quick it sold out after being reprinted after being out of print for quite a while. Although a Otzar haChochma search comes up with well over 2000 hits in over a thousand seforim (of course not all this are good hits as there search engine is still limited although useful). It still does not appear that the Dikdukei Soferim is used widely in the main yeshiva circles. Perhaps that will change.
Spiegel deals extensively with the position of the Hazon Ish regarding manuscripts.  This topic, one which has gotten much attention (see, e.g. the Shnayer Z. Leiman, Kook, Moshe A. Bleich articles in Tradition, Hevlin in Meah Shearim as well as the articles in Beis HaVaad), is discussed in detail with the backdrop of all the nuances Spiegel raises throughout this work. Spiegel discusses the curious fact that the Chazon Ish himself did sometimes use the manuscripts of Gemarah when learning (p. 567 n.126). Spiegel concludes this section with a discussion on to more recent printings of the Shas such as the shas Vilna, Frankel and Oz veHadar. It appears that the methodology of both Shas Vilna (the original one) and Oz veHadar in deciding which texts to use etc are not clear. This is especial important to know with Oz veHadar what the methods that they use as they advertise as if they are making incredible important changes but one only wonders what they are ad on what basis they are made. The last section of the sefer is devoted to the various annotators and editors to various editions of the Ramabam including the editions of Bragadin and Justintine. Spiegel also deals with when were the divisions of halachot put into the Rambam (pp. 637-638).  He also deals at length with the Amsterdam edition and the comments of R. Sholom Leon and showing its influence on later editions. R. Sholom Leon authored other seforim  including Mesectas halacha Le moshe miSinia which was recently printed in a annotated edition including a nice introduction. The editor of this new edition was not aware of Spiegel discussion regarding R. Leon. Spiegel has an interesting discussion about a third work called Merkevet ha-Mishna by R. Leon that was not known to many people and thus people made a mistake attributing a source (pp. 648-49). It is amazing to see Spiegel's mastery of the Talmud and the sources with all its nuances throughout the book. The amount of classical seforim quoted and discussed is breathtaking many very rare works are quoted. Another point is the respect and tone he uses when he speaks about all the authors, a problem some have with many academic books. Another thing is he is not embarrassed to admit mistakes he made – he could have easily left out a specific footnote instead he writes it and explains that he made a mistake (see, e.g., p. 259).  From the above, it should be apparent that this book contains a wealth of information regarding the issue at hand, emending texts.  While that alone would be enough to recommend in the strongest terms this book, it must be noted that Spiegel, mainly in the many footnotes, covers an amazing amount of tangential topics.  Here are some examples:p.29 n. 8 Spiegel has a discussion about the sefer Kol Dodi quoted by Agnon (for more on this work see this post ).p. 41 n.12 sources regarding the custom of placing a possul sefer torah in the ark and whether this violates the prohibition of "al tiskon be-ohelkha" (one should not have uncorrected texts in their home).
p. 65 n.105 testimony from R. Yaakov Katz that Rav Hai Goan was a copyist. 
p. 75 n.153 noting that la"z the term used to indicate a translation should not contain the quote mark as it is not an abbreviation. 
p. 80 n.177 noting that Krochmel in his Moreh Nevukeh haZeman quotes the Mahritz Heyos only as "Hakham Eched."
p. 89 n.29 discusses R. Zevin's offhanded comment that the rishonim did not use "nusach aher."
p. 102 n.110 discusses "nusach Sefard" and whether it is more reliable.
p. 103 n.115 notes that although a statement from the Rosh (responsa, klal 20, no. 20) is used by multiple authors to show that Ashkenazik customs have a long history, those many authors ignored the other implication of the statement regarding the "nusach haTalmud shel beni Ashkenaz."
p. 105 n.123 who authored rashi on Horyois.p.105 n. 126 if one learnsa small daf is it considered a Complete daf.p.107 n.132 discussing the issue of when the Talmud records a pusuk differently than our Sifrei Torah.  p. 131 n.14 corrections of rashi that were later added into the printed edition of Shas.p. 142 n.55 when Rashi says Hachei Garseninon did he have a different version in front of him.
p. 170 n.64 the common meaning of the word "sefer" – as in yodeah sefer which sefer?
p. 218 n.7 Spiegel explains the melitza used by the printers of the 1494 Nevim to describe what they did.  The melitza includes the line "lower the high and raise the lower" (Ezekiel 21:31).  Dr. M. Glaser explained that in the early printing presses the letters would be set and they faced upwards, the printer would coat them in ink and then place the paper on top.  This is in contrast to how writing was done previously – from above. 
p. 230 n.67 citing examples of books where the Soncino press accused the Bomberg press of using (illegally?) Soncino editions.
p. 234 n.79 discussing the alleged apostasy of Yakkov ben Hayyim Ibn Adoniyahu, the editor of the Mikrot Gedolot and other seminal texts.
p. 268 n.95 many sources that say the Havah Minah of the gemarah is true and important.  p. 318 -21  he discusses the methods of R Dovid Meubin a talmid of the Maharshal in annotating the Gemarah including many general rules that he mentions in his sefer.p. 329 -35 discuses the notes of the Levush on shas if they were really from him and dealing with R. Zechariah criticism on this.p. 426 n.18 discuses about Fogelman work on R. Menasha Milyah.p. 464 n.167 the Gra's opinion on the laining on Rosh Chodesh.p. 540 n.29 the plagiarism of the Tolodos Adam.p. 587 n.41 deals with a bit if Chaim Bloch was a forger.p. 652 n.185 Kapach opinon on the Teshuvos of Rambam to Chachemei Lunel.  In the academic world Spiegel work has gotten some attention for his discussion of the Chazon Ish and manuscripts.  Specifically, Benny Brown in his unpulished dissertation, The Hazon Ish Halakhic Philosophy, Theology and Social Policy As Expressed in His Prominent Later Rulings  (Hebrew) pp. 129-40, & Appendix pg 111- 113  deals with Spiegel's discussions with comments and additions. As has been noted here Sperber in his recent work Nesivos Pesikah uses Spiegel's discussions on this topic. And, in his doctorate on R. Betzalel Askenazi B. Toledano uses Spiegel's comments on R. Betzalel. Finally, others have used Spiegel's work, but as Spiegel notes only sometimes do they give Spiegel credit, (see here for more and see the introduction p. 13 and the notes therein and page 183 n.132).  Finally, although Spiegel's work is very comprehensive, there are some additions to some of the topics discussed in the sefer:   In the beginning of the book Spiegel has a chapter about אין כותבין ספרים תפלין ומזוזות במועד ואין מגיהין אות אחת אפילו בספר העזרה בספרים אחרים גורסים ספר עזראTo add to his long list of sources see Archaei Tanamim Vamorim (Rebbe of Rokeach) (Blau edition 2:666-67) and R. Meshulam Roth, Shut Kol Mevaser 2:2823. For the chapter (pp. 39-83) about המחזיק בספר מוטעה אל תשכן באהליך עולה see Efodi in his Maseh Efodie p. 18 in the introduction. For his chapter about Rabbenu Tam's methods of amending texts see also R. Yakov Shor (intro to Sefer haIttim p. vii) where he says he followed Rabbenu Tam's method in his edition of the Sefer haIttim and did make corrections on the actual text.  In chapter twelve where he discusses the Mesectos which are not learned (407-414) Spiegel mentions Nedarim as not being learnt (p. 407). See also the Merei in his Seder Hakabbalah (p. 128 Ofek Edition) where he writes דעו בעדות נאמנה שלא נשנית מסכת נדרים בישיבה זה ק' שנהOn Nedarim see also R. Reven Margolis, Mekharim beDarkei HaTalmud, pp. 81-84; R. Zevin, Sofrim Veseforim (geonim) pp. 46-48; the extensive discussion of R. Zev Rabanovitz in his Shaerei Toras Bavel (pp. 299-310). About Meschates Moed Koton see the important comment of R. Yissacar Tamar, Alei Tamar Moed Koton pg 312; and Yeshurun 20:702. Another mesectah not really learnt in the time of the Rishonim was Mesectas Avodah Zarah see; Professor Chaim Solovetick, Hayayin Byemei Habenyaim pp. 133-36. When discussing Meshtas Chagigah (pg 409) he brings the famous story from the Menorot haMeor that:מעשה בתלמיד אחד, שהיה מתייחד במקום אחד, והיה למד בו מסכת חגיגה. והיה מהדר ומהפך בה כמה פעמים, עד שלמד אותה היטב והיתה שגורה בפיו, ולא היה יודע מסכתא אחרת מן התלמוד זולתה, והיה שונה בה כל ימיו. כיון שנפטר מן העולם הזה, היה לבדו באותו בית שהיה לומד בו מסכת חגיגה, ולא היה שום אדם יודע פטירתו. מיד באה אשה אחת, ועמדה עליו, והרימה קולה בבכי ובמספד, ותרבה אנחתה וצעקתה, כאשה שהיא סופדת על בעלה, עד אשר נקבצו ההמון, ואמרה להם, ספדו לחסיד זה, וקברוהו בכבוד גדול, וכבדו את ארונו, ותזכו לחיי העולם הבא, שזה כבדני כל ימיו ולא הייתי עזובה ולא שכוחה בימיו. מיד נתקבצו כל הנשים וישבו עמה סביב למטתו ועשו עליו מספד גדול, והאנשים נתעסקו בתכריכיו ובכל צרכי קבורתו, וקברו אותו בכבוד גדול. ואותה אשה בוכה במר נפש וצועקת. אמרו לה, מה שמך. אמרה להם, חגיגה שמי. וכיון שנקבר אותו חסיד נעלמה מן העין אותה אשה. מיד ידעו שמסכת חגיגה היתה, שנראית להם בצורת אשה, ובאה בשעת פטירתו לספוד לו ולבכותו ולקברו בכבוד, מפני שהיה שונה בה ושוקד עליה ללמוד אותה. והלא דברים קל וחומר, ומה חסיד זה שלא למד אלא מסכתא אחת בלבד כך, הלמד תורה הרבה ותלמוד הרבה ומעמיד תלמידים הרבה על אחת כמה וכמה. It should be noted that there are eleven versions of the story see S. Askenazi notes to Kav Hayashar and updated to 15 versions in his Alpha Beta Kadmita Deshmuel Zeria pp. 331-36. [These sources were not know to Y. Hacohen in his new annotated edition of the Magid Mesharim (p. 292). The Otzar Yad Chaim (pg 198) goes so far as to say that because of this story some say it's a segulah to learn this Mesechtah on a yarzheit. [See also Megedaim Chadashim introduction to Chaggiah.] In regard to The famous abrevation ענ"י which Mescetas were hard add R. Emden who writes on the Zohar which says עני איהו תמן בסימן עירובין נדה יבמות "בנה סוד על הלצה בעלמא, שהיתה מצויה בפי עוסקי התלמוד בישיבה, שלא יכלו לירד לעמקן של מסכתות הללו החמורות מאד, מחמת ריבוי החלוקות החדודות שבהן, הודו ולא בושו בעניות דעתם וקוצר יד השגתם, שלא יכלו להשוות כל הסוגיות השונות והסתירות הנמצאות בהן, לתרצם וליישבם כדרך שעשו בשאר כל המסכתות, חוץ מאלו קשות ולא מצאו כל אנשי חיל ידיהם. ונתנו בהן סימן על דרך הצחות, שלא יתפלא אדם, גם אם יאמר החכם למצוא פשר דבר לא יוכל, שכבר צווחו בהן קמאי דקמאי ולא אסקו בידייהו, אלא כמאן דמסיק תעלא מבי כרבא ועניא דקרי אבבא, היאומן שדברים כאלה יצא מפי תנא, אין צריך לומר מפי משה רבנו וא משאר נשמות מעולם הנעלם".  (מטפחת ספרים עמ' מו).  See also S. Askenazi, Alpha Beta Kadmita Deshmuel Zeria pp. 422-24. For General sources on this topic of which Mesctas were learnt (partially based on Spiegel) see M. Breuer, Ohelehi Torah, pp. 90-94.  On page 280 Spiegel discusses the famous correction of a godal that the beracha of Pidyon Haben is אשר קרש עובר and not אשר קדש he brings some attribute it to R. Chaim Berlin. In the Zecher Daver, the Aderes has a fascinating chapter showing fifty seven examples how a kutzo shel yud makes a difference.  The Aderes cites his friend, R. Chaim Berlin, who told him this (p. 20). On this see also R. Chanoach Erentru in his Eiyunim Bdevrei Chazal Vleshonoim pp. 144-45; R. Yissacar Tamar, Alei Tamar Shekalim (p. 17) writes he does not believe it's a mistake.Additionally, although Spiegel cites to one of Prins' books discussing this issue, פרנס לדורו p. 460 a discussion regarding this topic appears on page 455 of the same book as well as the other book from Prins, פרנס לדורות on page 270.   On pp. 287-88 Spiegel discusses the Tana De be Eliyeahu with the perish Zikukin Denoroah Ubiyorin. But, see the strong words of the Radal against this pirish in his intro to Pirkei de Reb Eliezer p. 11 saying how this is what the Cherem against changing texts was referring to. See also A. Epstein (Kesavim vol 2, pp. 368-69); M. Ish Sholom, intro to his edition of Tana De be Eliyhu (pp. 4-7). Although Spiegel writes at the outset of his list of those who used Dikdukei Soferim that its not complete – the following can be added: R Sholom Albeck in his incredible sefer, Mishpachet Sofrim where he used the Dikdukei Soferim on almost every page (this sefer has a very warm haskamahs from the Maharsham and R Eleyahu Meisles amongst others). Another work well worth mentioning is the Shaerei Toras Bavel from R Zev Rabanovitz he also used Dikdukei Soferim extensively [in his work on Yerushalmi he also amends texts – but according to R Zevin in Sofrim Vseforim a bit to much]. Another person who used the Dikdukei Soferim was R. Greubart in Chavalim Beniymim (last page of volume 3, he also mentions seeing a shas from 600 hundred years ago in Chicago). Another person who used it was R. Yeruchem Leiner in his Tifres Yeruchem (pp. 115, 189). Another is R. Elyashiv in his teshuvot (1: p. 478) and in his work on Sotah he uses the Munich ed. in the Talmud HaYisraeli edition (p. 234). A Bar Ilan search shows that others not included in Spiegel list use or used it such as Beis Mordechaei and Shevet haLevei (four times), the latter being very interesting as he is close to the camp of Chazon Ishnicks. Bar Ilan search also shows that some of the Gedolim which Spiegel shows used it used it even more than he shows such as R Zodok and the Or Someach.   In Spiegel's discussion of the Adres using Dikdukei Soferim Spiegel does not have too many sources (p. 491). To add to this: first in Knesses haGedolaih the Adres uses it in at least two places – these two pieces are now printed in back of his Har haMorieah printed by Ahavat Sholom pp. 253 and 254. In his sefer Megilat Simanim which explains all the Simanim in Shas he used the Dikdukei Soferim numerous times (see index) this work was printed after Spiegel printed his sefer. In his Tefilah leDovid (Ahavat Sholom edtion pp. 8-9,23, 25, 121, 125, 137) (which is the best edition of thos work) we see he was involved in switching texts some times based on manuscripts of Rishonim.  On page 500 Spiegel leaves one thinking that A. Epstein was not pro the Dikdukei Soferim, which is not true at all (see Epstein's Kesavim vol 2  p. 354) where he criticizes Halevei for בכל ספרו לא נמצא זכר החיבור הנחמד דקדוקי סופרים, שנאספו ובאו בו נוסחאות כתבי יד שונים וספרים עתיקים. (see also pgs 83,51,357).  Another very interesting passage in regarding Dikdukei Soferim was written by A. Berliner:בדרכי לברלין השתמשתי בשעת הכושר לבקר במינכן את ידידי המלומד רבינוביץ ולהציץ למעבדתו הרחונית בה נעשית היצירה הגדולה דקדוקי סופרים שהכרך הששי מאותו הספר הענקי יצא בזמן האחרון. כאן השתוממתי והתפעלתי מאוסף כתבי היד ודפוסים יקרי המציאות, המשמשים יסוד לרבינוביץ בעבודתו. ובאמת ניתן לומר, שאותו מפעל גדול ונהדר, להוציא את התלמוד הוצאת ביקורתית על יסוד כתבי היד ואינקונאבלים הוא מפעל לאומי, הראוי לתמיכה מצד כל אלה, שיש להם הבנה למדעי היהדות ולב פתוח ועד לקידומם. איני יודע חתימה נאה לפרשת מסעי מאשר להביע את משאלתי מי יתן ואותו מפעל גדול יוכתר בהשלמה וסיום מוצלחים". (ששה חדשים באיטליה עמ' עב). On page 426 Spiegel deal with the reliability of M. Fogelman (Plungin) see the interesting piece by A. Korman in Musagim Behalcha p. 203. See also the recent article from D. Kamentsky in Yeshurun vol 20.  On pages 428-29 Spiegel deals a little with the Kol Hatohar.  It should be added the recently printed work Olam Nistar Bemaddei Hazman by R.Shucat pp. 262-91 (see also this post discussing Shucat's work generally.)   To the disscusion of Chazon Ish and manuscripts see also Maseh ish 1:93; 2:72, 218; 3:92  Finally to add to Spiegel's sources on pages 555, 569 regarding the yarhzeit of Yehoshua bin Nun. R. Hamburger, in his Shorshei Minhag Ashkenaz (3:262) points to one such source that Lag b'omer is the yarzeit. Additionally, in the Megillas Ta'anis, the last section, there's a section called Megilas Taanis Basra. In many versions of this text, the death of R' Yehoshua bin Nun is on Lag b'omer. Professor Shulamis Elitzur, in a recent incredible book, Lama Tzamnu, deals with this at great length and brings many early sources from ancient piyutim which verify this (pp. 18, 26, 34, 39, 66, 120, 126, 172). 




Pini Dunner – Handbill Defending the Use of the Corfu Etrogim

Pini Dunner B.A (Hons), formerly rabbi of London's Saatchi Synagogue, is an avid collector of polemical and controversial Hebraica, with a very large, diverse private collection of such material. Many items in his collection are unknown and unrecorded, and relate to long forgotten, obscure controversies.
This is Pini Dunner's third post at the Seforim blog. His first post, "Mercaz Agudat Ha-Rabbanim Be-Lita, Kovno, 1931," is available here; his second post, "Unknown Picture of the late Lubavitcher Rebbe, c.1930s," is available here.
For background on the controversy over Corfu etrogim, see Yosef Salomon, "The Controversies Regarding the Corfu and Eretz Yisrael Etrogim 1875-1891," Zion 65.1 (2000): 75-106; Yosef Salomon, "The Controversy Regarding the Corfu Etrogim and its Historical Significance," AJS Review 25 (2000-2001): 1-25; Yitzhak Refael, "Corfu Etrogim and Eretz Yisrael Etrogim," Sheragi 2 (1985), 84-90; Dan Porat, "The Controversy over Israeli Etrogim from 1875-1889," (MA thesis, Hebrew University of Jerusalem, 1993); H. Hamel, "R. Yosef Zehariah Stern's Position in the Corfu Etrogim Controversy," in Sefer Refael (Jerusalem, 2000), 242-251. For a brief discussion about the broadsides authored by R. Gershon Henoch Leiner and his son R. Mordechai Joseph Eliezer Leiner of Izbica-Radzin that were posted throughout Poland, see Pearl Preschel, "The Jews of Corfu," (PhD dissertation, New York University, 1984), 111-112, 113-114, 159.
Regarding the Russian text at the bottom of the broadside, the following is a translation that was obligatory to appear on all non-Russian books:
Condemnation by M.I.Leiner of those rabbis, which, as the revenge for the dwellers of the Greek islands for the disturbances on the island of Corfu, prohibited the paradise apples originating from those islands for using them in the religious ceremony of the holiday of Sukkot.
Included is a protest letter by the rabbi of Corfu about the matter.
—————————
Permitted by the censorship, Warsaw, 15 July 1891 — printing of M.I. Galter Nalevki [St.] 23.for post
Handbill Defending the Use of the Corfu Etrogim authored by R. Mordechai Joseph Eliezer Leiner of Izbica-Radzin  published in Izbica, July 1891
This broadside contains a vigourous and impassioned defence of the practice of using etrogim from Corfu in preference to those from Eretz Yisrael. For centuries the most prized etrogim used by Jews of all communities were those grown in Corfu, and the etrog industry on the island was a mainstay of the local economy. It was said that the etrogim grown in Corfu traced their origins to those used during the second temple period, and were therefore of the most reliable pedigree. The untainted pedigree of an etrog is of primary importance, and as a result Corfu etrogim were highly sought after, making them expensive. Furthermore, the owners of the orchards – many of them non-Jews – fiercely guarded their monopolies, and were extremely careful that their etrogim were of unimpeachable pedigree.
This broadside was issued as a result of the drift away from using etrogim grown on the island of Corfu in the late nineteenth century. Initially this began with a ban on their use that was issued c.1875 and that had its roots in the growing suspicion that Corfu etrogim were no longer reliable in their pedigree and that growers had secretly begun grafting them with other citrus fruits to boost the numbers of fruit that were fit for use, and in addition would be outstanding in their appearance, boosting their value.
Then in 1891, the year of this broadside, the ban against Corfu etrogim was strengthened as a result of the terrible anti-semitism on the island that had led to a vicious blood libel. Jewish communities formerly loyal to Corfu etrogim switched their allegiances to the ever expanding etrogim market of Eretz Yisrael and it was this that R. Leiner was trying to prevent. R. Leiner (1877-1929) was the scion of the Izbica/Radzyn dynasty and in this broadside he quotes his recently departed father, R. Gershon Henoch (1839-1891), the famous 'Baal ha-Techeilet', as saying that there were no better and more kosher etrogim than those that grew in Corfu. He added that those grown in Eretz Yisrael were probably unfit for use and, furthermore, the excuse that they provided income for poor farmers there was utterly inappropriate in light of their unfitness. He added that the chief rabbi of Corfu, R. Elisha mi-Pano, had written to him to say that the ban effected against Corfu etrogim (the annual market for etrogim was of major economic significance to the small island) as a result of the blood libel was making matters worse for the Jews of Corfu.
Despite attemps by R. Leiner and other advocates of Corfu etrogim, the Corfu etrog business went into terminal decline. By the early twentieth century the rival industry in Eretz Yisrael had grabbed the overwhelming majority of the etrogim market, and with the upheaval of the two world wars, and following the creation of the State of Israel, Corfu etrogim disappeared completely from the scene.
Recently, I understand, there has been some effort to revive the fortunes of the Corfu etrog. It would seem that an emissary of R. David Twersky of New Square annually acquires etrogim from Corfu for R. Twersky to use on sukkot. No doubt this action is motivated by R. Twersky's well-known desire to strictly follow the customs of his illustrious forebears who, in the years when the etrogim controversy raged, were devotees of Corfu etrogim over their Eretz Yisrael counterparts. Nevertheless, as any etrog grower will tell you, once an etrog orchard has been abandoned, any fruit that emerge from it in the years that follow, especially if many years pass, no longer have a chezkat kashrut, and more than likely they are murkavim. It would be interesting to know if R. Twersky makes a bracha on these questionable etrogim, or if he first uses an etrog of reliable pedigree and then switches to the murkav simply for sentimental purposes.  




Eliezer Kallir – Updated

Eliezer Kallir, is considered one of the greatest paytanim. He authored some of the most well known piyyutim including those said for geshem and tal, as well as many others (although most of his piyyutim that were included in the Rosh haShana and Yom Kippur prayers are no longer said by most). While his literary output is well-known, “[b]iographical facts about Kallir are shrouded in mystery.” E.J. (new ed.) vol. 11, p. 743. There are many theories about who R. Kallir was and I would like to touch on some of these in this post. (Also see below for a bibliography on R. Eliezer Kallir – provided by a kind reader of the blog.)

R. Shmuel David Luzzato (Shadal) in his Mevo l’Machzor Beni Roma, discusses Kallir and the history of piyyutim at length.[1] “If you will ask who authored the first piyyut and who followed them, I will answer that the first is Yanni or Yinai, and the second is R. Eliezer Berebi Kalir. The product of both is apparent to all in the Haggadah as the piyyut “Az Rov Nissim” is from Yanni . . . and the piyyut “Ometz Gevoroteha” is from R. Eliezer berbi Kallir . . .” Interestingly, “regarding Yanni a nasty rumor has been spread (Zunz found it in a manuscript commentary to the Mahzor), however, anyone who hears it will laugh, . . . [and the rumor is] that Yanni became jealous of his student R. Eliezer and [Yanni] put a scorpion in [Eliezer Kallir’s] shoe and the scorpion killed Kallir.” Shadal, however, dismisses this rumor in light of the fact that Yanni’s piyyutim are still said, especially the one mentioned above during Pesach. Shadal argues that if Yanni was a murderer then there is no way Yanni’s piyyutim would be so popular. Additionally, Rabbenu Gershom mentions Yanni and uses honorific terms, something Rabbenu Gershom would not have done if the rumor is true.

Shadal then turns to the details of R. Eliezer Kallir’s biography. “In many places R. Eliezer signs his name as ‘R. Eliezer beribi Kallir from Kiryat Sefer.’ Many of the early ones believed that this indicated Kallir was from the biblical town of Kiryat Sefer, and many thought that Kallir was a tanna, either R. Eliezer the son of Simon … or R. Eliezer ben Arakh, both of these opinions are recorded in the Sefer HaYuchsin.” Shadal, however shows that it is highly unlikely that R. Eliezer Kallir was a tanna or that he was from the biblical town of Kiryat Sefer. Instead, Shadal quotes the opinion of R. Moshe Landau (grandson of the Noda Be-Yehuda) in his commentary to the Arukh, Maarkhe Lashon. [2]According to Landau Kallir is a reference to the Sardinian city Cagliari. Shadal disagrees with Landau. In the end, after citing other opinions, including identifying Kallir with an Italian city, Pumadisa in Babylon, and Sippara also in Babylon, and to those it should be added, Bari, Ostia, “Civitas Portas, the former port of Rome (Derenbourg); Constantinople; Civita di Penna in the Abruzzi; . . . Normandy, Speyer in Germany . . . Lettere in Souther Italy, . . . Antioch and Hama in Syria . . . Kallirrhoe in Palestine . .. [and finally] Tiberias.” E.J. p. 744. As should be apparent, there is no consensus on where Kallir was from.

Turning to his name – Kallir – the starting place is R. Nathan and his Arukh. He explains that Kallir, means cake (indeed in Greek kalura means cake). And, Kallir was called “cake” because “he ate a cake that had written on a kemiah (amulet) and, as a result, he became smart.” Arukh erekh klr. The idea to feed children cake with inscriptions is a well documented one. R. Eliezer from Worms, the author of the Rokekh records the custom to feed children cakes with the verses from Isaiah 50:4, id.50:5, and Ezekiel 3:3. The children would eat these when they were indoctrinated into Torah study on Shavout. [3]Of course, as noted above, some view the name Kallir as an indication of where Kallir was from. Indeed, many, including Shadal did not swallow (if I may) the Arukh’s interpretation of Kallir.

Again, as we have seen there is a bit of debate when it comes to Kallir, one of the more interesting debates regards which piyyutim can be attributed to him. While in many Kallir provides his name in an acrostic, according to R. Shelomo Yehuda Rapoport (Shir) one can also attribute those piyyutim that there is a gematria that equals some permutation of Kallir’s name. That is, Kallir sometimes signed his name Eliezer haKallir, Eliezer beribi Kallir, Eliezer Kallir me-Kiryat Sefer, and a combination of any of these. Thus, according to Shir, if in the first line equaled any of these Kallir was the author.

R. Efraim Mehlsack, however, took issue with Shir’s use of gematria. Specifically, Mehlsack wrote Sefer ha-Ravyah, Ofen, 1837, against Shir. Mehlsack was a prolific author, he supposedly authored some 72 seforim, but the only published sefer was this one. But before we get into the details regarding Mehlsack we need to discuss his critique of Shir. Mehlsack went to town on Shir and showed that using the gematria for the first line of a book, Mehlsack could make Kallir the author of just about every important Jewish book. Mehlsack goes through Tanakh and uses the first verse of each book to equal some form of Kallir’s name. For example, the first verse in Berashit equals 913 which equals “meni ha-katan Eliezer Kallir.” The first verse in Joshua equals 1041 which equals “ha-katon Eliezer beribi Kallir.” Mehlsack doesn’t stop with Tanakh, he then moves to Mishna noting that the first mishna in Berkhot is 2362 which equals “ani Eliezer berbi Ya’akov ha-Kallir mi-Kiryat Sefer yezkeh be-tov amen.” As a final shot at Shir, Mehlsack has the gematria of I am Shelmo Yehuda Rapoport = 1164 to Eliezer beRebi Yaakov Kallir =1164. Indeed, Mehlsack was not content to provide some 40 odd examples, he had even more and as a result of already printing the pages, the Sefer Ravyah is an interesting bibliographical oddity in that these gematrias appear on page 18 and then continue. Well Mehlsack includes an alternative page 18 in the back which has more examples of these gematrias. Thus, the book goes until page 32 and then there is another page 18. Both versions appear below.

Turning now to Mehlsack. As I mentioned Mehlsack supposedly authored 72 books. We know of 34 titles from that list.[4] Although most of those works have been lost, there are a few, around five, that are available in manuscript. In Boaz Hass’s recent book on the history of the Zohar, he mentions Mehlsack’s translation of the Zohar (Scholem also discusses this work). One of the works lost, is a work permitting one to travel via train on Shabbat. The introduction of this work has been published (in part) and appears below. Additionally, Sefer Ravyah was not Mehlsack’s only attack on Rapoport, Mehlsack attacked Rapoport in a few of his works, and some of his critiques were published in Bikkurei Ha-Ittim.

Returning to Kallir, it goes without saying that Kallir’s piyyutim were controversial. Most famously, the Ibn Ezra complained about them and offered that one should refrain from saying Kallir’s piyyutim. Ibn Ezra’s critique is discussed by R. Eliezer Fleckels, who defends Kallir, and Heidenheim thought it important enough to include this lengthy responsum in Heidenheim’s edition of the Machzor.[For more on the Ibn Ezra see צבי מלאכי “אברהם אבן-עזרא נגד אלעזר הקליר – ביקורת בראי הדורות” פלס (תשם) 273-296)

Bibliography on R. Eliezer Kallir (provided by a kind reader of the blog.)אלבוגן, התפלה בישראל בהתפתחותה ההסטורית, 233 – 239יוסף זליגר, “לתולדות הפיוט והפיטנים (ר’ אלעזר קליר)”, כתבי הרב דר יוסף זליגר, לאה זליגר מו”ל, ירושלים תרצ, צז – קבשלמה דוד לוצאטו, אגרות שדל א, 464 ואילך—, הליכות קדם, גבריאל פאלק, אמסטרדם תרז, מחלקה שניה, 56 – 64.צבי מלאכי, “הפייטן אלעזר הקליר – לחקר שמו ומקומו”, באורח מדע: פרקים בתרבות ישראל מוגים לאהרן מירסקי במלאות לו שבעים שנה, צבי מלאכי, מכון הברמן למחקרי ספרות, לוד תשמו, 539 – 543אהרן מרקוס, ברזילי: מסה בתולדות הלשון העברית, ירושלים: מוסד הרב קוק תשמג, 346עזרא פליישר, תרביץ נ, 282 – 302 —, “לפתרון שאלת זמנו ומקום פעילותו של ר’ אלעזר בירבי קיליר”, תרביץ נד ג, ניסן – סיון תשמה, 383 – 427שלמה יהודה ראפאפארט, תולדות גדולי ישראל, 24 – 55יעקב שור, ספר העתים, 364 – 365 בנועם שיח: פרקים מתולדות ספרותנו, מכון הברמן למחקרי ספרות, לוד תשמג, 114 – 156 המעין טז א, תשרי תשלו, 3 – 14. המשך: ב, טבת תשלו, 32 – 52.

[1] Mevo leMachzor Beni Roma, Habermann ed. Jerusalem[2] For more on this commentary see S. Brisman, History & Guide to Judaic Dictionaries & Concordances, KTAV Publishing House, Inc. 2000, pp. 19-20.[3] For more on this custom see Assaf, Mekorot le-Tolodot ha-Hinukh be-Yisrael, Jerusalem 2002, pp. 80-1 n.9 and the sources cited therein. See also, E. Kanarfogel, Peering through the Lattices, Wayne State University Press, Detroit, 2000 pp. 140-41 and the notes therein (discussing the ceremony generally); id.p. 237 n.47 (discussing some of the halakhik issues with this custom including the “issue” of “excret[ing] these verses”)[4] See G. Kressel, “Kitvei Mehlsack,” Kiryat Sefer 17, pp. 87-96.




Tevie Kagan: The Enigmatic R. David Lida

The Enigmatic R. David Lida
by Tevie Kagan
Tevie Kagan works in the Seforim industry.  This is his first post for the TraditionOnline Seforim blog.
Part I: R. David of Lida and Plagiarism
R. David ben Aryeh Leib of Lida (c.1650-1696) is a fascinating and enigmatic figure. He was the rabbi of multiple communities over the course of his lifetime including Lida, Ostrog, Mainz, and the Ashkenazic community in Amsterdam. He was forced to leave Amsterdam under a cloud of alleged plagiarism and possible Sabbatean beliefs; though he was acquitted of these charges by the council of the four lands (Va’ad Arba Ha-Aratzot), he never recovered from the various accusations. He is not a well-known individual today, yet many of his works survive and are still available in print. This post (the first of two) will present a detailed account of his life and will attempt to see if both the accusations of plagiarism and heretical beliefs have merit.
R. (David) Lida was born in Zwollen, Lithuania into a prominent rabbinical family. His uncle was R. Moshe Rivkes, author of the Be’er Ha-Golah. Other family members that Lida cites within his works include R. Yeshaya Horowitz, author of the Shnei Luchos Habris (Shelah), R. Yosef of Pozna, R. Naftali Hertz of Lemberg, and R. Yaakov Cohen of Frankfurt. He was married to Miriam the daughter of R. Wolf Yuspef of Lvov (Lemberg) and had two sons, Nathan and Pesachya, and two daughters. One of the daughters was married to R. Yerucham b. Menachem, who helped prepare Shomer Shabbos (one of Lida’s early works) for printing, and the other was married to R. Abraham b. Aaron, who helped with the printing of Shomer Shabbos in Amsterdam. In his work Ir David, Lida testifies[1] that his primary teacher was R. Joshua Hoeschel b. Jacob of Cracow (c.1595-1663), who was one of preeminent rabbis of the time.[2]
From 1671 until 1677, R. David was rabbi in Lida. He then served as a rabbi in Ostrog and Mainz, replacing R. Samuel David b Chanoch of Lublin, the author of Divrei Shmuel who had passed away. In 1681, Lida left Mainz and became a rabbi in Amsterdam. After being forced out of Amsterdam, Lida appealed to the council of the four lands. By doing so he succeeded in getting himself reinstated in Amsterdam. However, his position was untenable, so he reached a financial agreement and moved to Lvov, where he lived until his death in 1696.[3]

The following is a list of Lida’s works (with the topic covered in parentheses):
¨ Beer Esek – Frankfurt on the Oder/Lublin, 1684 (apologetic)
¨ Beer Mayim Chaim- lost, never printed (on Code of law)
¨ Chalkei Avanim– Fuerth, 1693 (on Rashi’s commentary on bible) reprinted in Yad Kol Bo under the title Migdol Dovid
¨ Divrei David– Lublin, 1671 (ethics)
¨ Dovev Sifsei Yesheinim- lost, never printed (mishnah)
¨ Ir David– Amsterdam, 1683 (incomplete), 1719 (complete) (Homiletics)
¨ Ir Miklat – Dyhernfurth, 1690 (613 commandments)
¨ Migdol David –Amsterdam,1680 (Ruth)
¨ Pitschei She’arim – Pirush Tefilos- partially printed in Yad Kol Bo (prayer)
¨ Shalsheles Zahav
¨ Shir Hillulim– Amsterdam, 1680 (poem in honor of dedication of a new Torah)
¨ Shomer Shabbos – Amsterdam, 1687 printed with Tikkunei Shabbos, reprinted in Yad Kol Bo, and reprinted separately in Zolkolov, 1804 (laws of Sabbath)
¨ Sod Hashem Sharbit Hazahav– Amsterdam, 1680 (on circumcision)
¨ Tapuchei Zahav kitzur reishis chochma – Fuerth, 1693
¨ Yad Kol Bo- Amsterdam/Frankfurt on the Oder, 1727(Collection)
While in Amsterdam (about 1694), Lida was accused of libel, plagiarism and Sabbatean leanings. Since many of the documents surrounding both controversies no longer exist, we can only attempt to recreate what happened.
Lida is Accused of Libel

R. Yaakov Sasportas (c.1610-1698) has a series of responsa[4] that refer to the libel case. One of the prominent members of the Sephardic congregation, R. Nissan ben Judah Leib, the brother in law of R. Isaac Benjamin Wolf ben Eliezer Ashkenazi (Chief Rabbi in Berlin and the author of the Nachlas Binyomin (Amsterdam, 1682)), claimed that on a trip to Wessel R. Nissan had found defamatory letters about himself and R. Isaac Benjamin Wolf, which R. Nissan alleged were written by Lida. Lida denied having written these letters. R. Nissan submitted copies of the letters to the Sephardic court, presided over by R Yitzchak Abuhav, R Yaakov Sasportas and R Shmuel Deozida. The court requested the original letters, and when they could not be produced, the court decreed that Lida did not write the letters and that he was an upstanding rabbi of the community. The court also demanded that R. Nissan apologize, which he did. Subsequently the Sephardic court sent a letter to both R Wolf Lippman and the Council of the Four Lands requesting they revoke all bans against Lida and to forgive both themselves and Lida. This letter included the signatures of many prominent rabbis of the time, though many of these rabbis may have been influenced by Lida’s famous brother-in-law, Yitzchak b. Abraham of Posnan, who was the first signature on the list.
Additionally, Lida himself wrote a work entitled Beer Esek,[5] in which he attempts to clear his name.The work begins with an introductory homily, after which Lida then proceeds to defend himself from the charges of plagiarism. Lida’s letter ends off with letters and signatures of approbation..
Charges of Plagiarism

Charges of plagiarism hounded Lida regarding many of his works. The first work that this charge was leveled at was Divrei David (Lublin, 1671), an ethical treatise broken up into seven parts, corresponding to the days of the week. On the title page of this work, Lida states that it is culled from the words of Rishonim upon which he added his own additions. The bibliographer, Joseph Zedner (1804-71), in his Catalogue of the Hebrew Books in the Library of the British Museum (London, 1867), was the first to note that the text of the Divrei David is identical to a part of the text of the Sefer Yirah published by Aryeh Judah Loeb ben Aryeh Priluck.
The work itself contains information that is inconsistent with Lida’s biography. For example, the author talks about trips to Israel (nos. 6, 77, and 85), serving as rabbi in Israel (no. 46), and refers to a work that he wrote called Zer Zahav on the Bible (no.72). At the time Divrei David was published Lida was 21 and, as far as we know, never visited Israel, as he never mentions it anywhere else in any of his works. Even more puzzling is that he never authored a work on the Bible called Zer Zahav! Interestingly, Gershom Scholem argues that whoever the author of Divrei David was the author had Sabbatean leanings as there is a possible Shabbati Zevi reference in the beginning of the section on Shabbos.[6] Was this work stolen from a previous work? It would appear so; but, in defense of Lida, he admits that he culled his work from other sources. Nevertheless, this would not account for his borrowing of accounts of positions, travels or works written.
The Sefer Yirah was first published from manuscript in 1724 (Lida had published Divrei David in 1671). The publisher of the Sefer Yirah, Priluck, clearly states on the title page that he found a manuscript and had no idea as to whom was its author. Priluck adds statements and revises the original work where he saw fit. One example is in the “morning half” of the “first day,” where he adds (in the fifth section) that he already printed a prayer book which was grammatically correct. Most of the other additions are merely clarifications of the earlier work [for example, in the “night section” of the first day he clarifies that the Shema referred to is the one said in bed before sleep (Kriat Shema al Ha’Mita)]. Within the section of the fourth day Lida mentions (part 77) that he was in Jerusalem, and he concludes that one should cover their head with a hat when saying grace (birkat ha’mazon); yet this last item is not found in the Priluck version of Sefer Yirah. In total, there are about twenty slight differences, but most are stylistic, with Priluck changing particular words and verses. The Sefer Yirah concludes with a statement that this is where the manuscript ends and that he does not want to add from other sources. The Warsaw edition of 1873 of the Divrei David adds an entire section of good traits (minhagim tovim). Interestingly the most recent reprinting (Brooklyn, 2006 by R. N.M., German) adds 2 more pages of character traits not found in the Warsaw edition. This would not be the only work that would come under suspicion that Lida wrote.
Lida’s most famous work that is under the suspicion of plagiarism is his Migdol David, published in 1680 while Lida was still rabbi in Mainz. The work was published with 17 approbations (haskamot). While some of the approbations do not mention the work Migdol David specifically, by reading them one gets the idea that many felt it was an original work. In his Beer Esek, Lida alludes to R. Nisan’s claim that accused Lida of stealing the work (R. Nisan did so by saying that Lida “wears the talis of another”). Many believe that this work was really a copy of R. Hayim Ben Abraham Ha-Kohen’s (c.1585-1655) [7]Toras Chessed. For instance, R. Hayyim Yosef David Azulai, ,writes “truthfully [Migdol David] is the work of R. Hayim Kohen, author of the Tur Barekes…” (Shem ha-Gedolim, Marekhet Seforim, s.v. Migdol David). ,Azulai also cites the Yaavetz (R. Yaakov Emden) and his charge in Toras Hakanaos (see below). The Menachem Tziyon attempts to clear Lida’s name by showing that many great rabbis attested to his kabalistic knowledge, but ultimately he too leans towards the plagiarism charge. [8]

The Yaavetz, in his Toras Hakanaos, lists a group of works that he charged with having Sabbatean leanings and allusions. He includes Lida’s work, not as a potential Sabbatean work,[9] but rather as a plagiarized one, and, more specifically, to support his claim that Lida’s character was suspect, and even possibly Sabbatean. Sabbateans were known to have “double natures,” one being outwardly righteous, while the inner being corrupt and immoral (more about this to come in part 2 of this post, R. David of Lida and Sabbatianism). The Yaavetz shows that Lida took the work but left an allusion to Hayim Kohen’s name in the introduction, which states, “ממקור מיים בריכה העליונה כה”נא רב”א” Lida’s choice of words is suspect, as Lida was neither a Kohen nor named Hayim.
More recently, Marvin Heller[10] has argued that a parable in the introduction to Lida’s work alludes to the fact that it is not an original work. The allegory (from the Zohar) regards a rooster who finds a pearl while searching for food. Startled by the pearl’s beauty, the rooster recoils and wonders what caused the pearl to be hidden. A man, seeing the rooster recoil, stops to see what caused the reaction; when he sees the pearl, he proceeds to give it to the king. As a result, the king honors the rooster. Lida writes: “So to I found in this scroll blossoms and fruit which give forth a brightness, delightful to the sight and desirable to the eye, ‘its fruit is good for food’ (Genesis 2:9)…when this distinguished book comes to the hand of one who appreciates its value … and also who publishes it will be remembered for good before the King, King of the universe” (emphasis added). This choice of language seems to be referring to a publisher not an author. In Lida’s Ir Miklat, in the glosses where Lida mentions “my book Migdol David,”[11] Azulai (in his comments) interjects: “He printed it.” Eisner seeks to defend Lida, even though he had never seen a copy of the rare Migdol David. Eisner argues that since all the charges were found to be groundless in the first case against Lida, so too the plagiarism charges must be false. He attempts to buttress this by showing that Lida had a reputation for being a Kabbalist. In 1681, the notorious anti-Semite Johann Andreas Eisenmenger (ca.1654-1704) visited Amsterdam and wrote about meeting Lida in his Entdecktes Judentum (Frankfurt am Main, 1700). He speaks of Lida and how he was a great scholar and Kabbalist. Interestingly, towards the end of the introduction of Ir David, Lida states that he hopes that this work will be printed without the mistakes and errors that the printers added to his work Migdol David, which he was unable to fix. Is Lida attempting to lay the groundwork for the argument that any troubling pieces within Migdol David are not his, but rather the work of the printers?
Slightly more telling about both of the works that are suspected of being stolen is that Lida references them in his other works very infrequently. In contrast, Ir David is referenced quite frequently within his other writings. When themes or interpretations are referenced in Chalkei Avanim that are supposedly printed in Lida’s other works (specifically Migdol David) he does not give the work’s name, but just the statement “and it is understood.”[12]

Even after his death Lida’s works have encountered problems. His son Pesachya printed a collected volume of his works entitled Yad Kol Bo (Amsterdam 1727) in which was included a work on Psalms called Assarah Hillulim. According to Brill, this was actually written by the Calvinist-Hebraist, Heinrich Jacob van Bashuysen (1679-1750) and published in Sefer Tehilim im Pirush ha-Katzar, Hanau, 1712.[13]
[1] Ir David, First Sermon
[2] See Dembitzer Kelilas Yofi Krakow:1893 pg59a-59b
[3] For the date of Lida’s death, see Solomon Buber, Anshei Shem (Krakow, 1895), where he recreates the correct date based on approbations Lida had given, which are marked after the date on his tombstone.
[4] Ohel Yaakov 75-76
[5] Reprinted in Abraham Eisner, Toledot Hagaon R. David Lida (Breslau,1938) and in Aaron Freimann, Sefer Hayovel for Nahum Sokolow (Warsaw, 1904)
[6] See Warsaw edition that actually puts Lida as author and includes that he wrote Zer Zahav and Bris Yitzchok, which Lida did not.
[7] See Encyclopedia Judaica entry where Scholem states that Lidas plagiarism was well known in Kabalistic circles before H.J.D. Azulai made it public. Scholem offers no source or examples for this statement. Also interesting to note is that whatever Azulai’s thoughts on Lida’s character may have been, he still wrote glosses to Lida’s work Ir Miklat.
[8] See also Ohr Hayim (Hayim Michael), where he unequivocally states that it is a stolen work from R. Hayim Kohen.
[9] Yehuda Liebes, in “Sefer Tzadik Yesod Olam- Mythos Shabetai” (reprinted in On Sabbateanism and its Kabbalah: Collected Essays (Jerusalem, 1995), pg. 303-304, note 22) shows that even Migdol David is not free of possible Sabbatean leanings. These could not have come from R Hayim Kohen as he died before Sabbateanism grew to the movement that it later became.
[10] Marvin J. Heller, David Ben Aryeh Leib of Lida and his Migdol David: Accusations of Plagiarism in Eighteenth Century Amsterdam, Shofar (Jan. 1, 2001) (translation of text is his).
[11] Commandment 190
[12] For examples see Brooklyn edition 2006-pg. 5, fn 1; pg. 8, fn 8.
[13] For more on Bashuysen, see Encyclopaedia Judaica under his name entry. Eisner strongly disagrees and says that it clearly is not a Christian work, and that it includes many ideas from Lidas other works.




R’ Orenstein, Author of the Yesuos Yaakov: The Controversy Over Publication of his Works

R’ Orenstein, Author of the Yesuos Yaakov: The Controversy Over Publication of his Works
by R. Yosaif M. DubovickR. Y. Dubovick has published many articles on diverse topics. He is currently working on many projects including a critical edition of the Rabbenu Hananel’s commentary on Bava Kama. Additionally, he has published a critical edition of the Mahrashal on hilchot shehita and Yoreh Deah (discussed here ) and R. Dubovick is working on some of the Mahrashal’s other works. As R. Orenstein’s yarhzeit is the 25th of Av, Tuesday, Aug. 26, R. Dubovick provides the following information on this personage and his works.
Biographical Sketch of R’ Orenstein

Perhaps the crown of pre-war Polish Jewry was the city of Lvov (Lviv, Lemberg). Settled in the dawn of our history in Poland, the city was renowned as a center of learning and piety, drawing from the elite of scholarship to its helm. The mere mention of the city’s name draws to mind those Gaonim, such as R’ Yehoshua, author of Shut Pnei Yehoshua, Sefer Maginei Shlomo (grandfather of the author of the noted Pnei Yehoshua on Shas), as well as R’ Shmuel HaLevi author of Turei Zahav on Shulchan Aruch [1](son-in-law of R’ Yoel Sirkes[2] the author of Bayis Chodosh on Tur)[3]. R’ Zvi Ashkenazi (author of Chacham Tzvi, father of R’ Yaakov Emden), R’ Shlomo of Chelm, author of Merkeves haMishnah on Rambam (as well as homilies on the haftorot and a volume of responsa[4]), and R’ Chayim Hakohen Rappoport[5] all held the position of Av Beis Din and Rav of Lvov. The subject of Toldos Anshei Shem by R’ Shlomo Buber, Lvov has had its history well written and studied. R’ Buber went so far as to personally request from the Rav of Krakow, the noted historian and author, R’ Noson Chayim Dembitzer to collate his own findings; the result, a sefer of immense value to any student of history and genealogy, Klillat Yofe.[6] These seforim list prominent men of stature and renown, leaders of the kehillot, their works and ancestors, shedding valuable light on the city’s history. From the beginning of the 5th century, (1640) Lvov’s two communities [‘inner’ Lvov, and ‘outer’ Lvov] united under the leadership of one Rav. This period of grace between the communities lasted for close to two hundred years, and ended with the passing of the famed Gaon of Lvov, R’ Yaakov Meshulem Orenstein in 5599 (1839), the focus of this article. Much has been written regarding this sage, with numerous accounts detailing his biography. Klillat Yofe details his father’s position as Rav of Lvov, R’ Mordechai Zeev, who took office after R’ Shlomo of Chelm stepped down as Rav in order to embark on a journey to Eretz Israel.[7] In 5547 (1787) R’ Mordechai Zeev was taken suddenly from this world, leaving a young twelve year old Yaakov Meshulem an orphan. The youth’s best interests in mind, whilst still in the shiva period he was betrothed to the daughter of R’ Tzvi Hirsch of Yaruslav, who was financially well off and would support his son-in-law.[8] As such, the young man developed in his studies, and gained repute as a scholar of stature. His opinion was sought in many difficult matters, and elders as well as his contemporaries flocked to his doorstep in Yaruslav to discuss various issues with him. Notably, R’ Aharon Moshe Tobias of Satnin, author of Shut Toafos Reem, would spend much time conversing with R’ Yaakov Meshulem.[9] Additionally, he was friends with R’ Yehonosan Shimon Frankel, author of Etz Pri Kodesh, Lember, 1838. See his haskmah where he referrs to him as “yidid nafshe.” He was also friendly with R’ Yaakov Tzvi Yalish, author of Melo haRoim who he refers to as “hu yedidi min’noar.”
R’ Yaakov Meshulem mentions having been Rav AB”D of Zhalkov for a period, but the exact dates aren’t clear. Later, he was appointed to take his father’s seat as Rav AB”D of Lvov, and we find witness that in 5566 (1806) was already serving Lvov as its spiritual head, a position he held for over 30 years, until his passing. The hub of religious activity in Poland, R’ Yaakov’s opinion on halachic matters was sought out by the leading sages of his time. Halachic authorities such as R’ Moshe Sofer (author of Shut Chasam Sofer), and R’ Akiva Eiger, R’ Aryeh Leibish of Stanislaw (as well as with his son and successor R’ Meshulem Yissocher, author of Shut Bar Levai), as well as R’ Yaakov’s relative, R’ Chaim Halberstam of Sanz all queried him on matters of grave importance. His opinions regarding rulings issued by R’ Shlomo Kluger of Brody versus his dissenters are collected in sefer Shivas Eynayim, along with those of his son, R’ Mordechai Zeev. While himself not a member of the Chassidic camp, R’ Yaakov showed no animosity towards Chassidim and their leaders, and is purported to have met with Rebbe Yisroel Freidman of Ruzhin, as well as Rebbe Meir of Premshlyn. As the head of the most prestigious community in the area, R’ Yaakov also held the position of Nasi or president of Eretz Israel, and was responsible for the collation and distribution of all tzedakah funds earmarked for the Holy Land’s poor.[10] In addition, being financially secure, R’ Yaakov established a personal free-loan organization, a gemach. The apple of his eye, his only son R’ Mordechai Zeev was taken from him at an early age on the 17th of MarCheshvan 5597 (Oct 28, 1836). Less than three years later, R’ Yaakov passed away on the 25th day of Av, 5599 (Aug 5, 1839), and was buried next to R’ Shmuel Halevi, author of Turei Zahav. Out of respect for their venerable leader, it was agreed upon that no longer would there be one Rav heading both communities, rather a new title called ‘Rosh Bais Din’, with less authority was implemented. In the succeeding line of leaders, Lvov called R’ Yaakov’s grandson, R’ Tzvi Hirsch to take his rightful place. In turn, R’ Tzvi Hirsch’s son-n-law, R’ Aryeh Leib Broide[11] succeeded him. R’ Orenstein’s Works & the Controversy Over Their PublicationA prolific writer, R’ Yaakov is best known for his magnum opus, Yeshuos Yaakov, novella covering all four sections of the Shulchan Aruch. Published in his lifetime, R’ Yaakov is said to have danced with a copy of a second edition, stating that he is now assured that this work is considered by heaven to be ‘prophetic’ in nature.[12] He also penned chiddushim on the Torah in the order of the parshiyos, at first printed together with the chumash entitled ‘Ein Yaakov‘, and later published as a separate volume. A new edition of these chiddushim was re-typeset in 5764 (2004), with a two page biographical sketch. Throughout Yeshuos Yaakov, R’ Yaakov cites numerous times his chiddushim on Shas, Rambam as well as his teshuvos, responsa. Seemingly, these works remained in manuscript form, and over the course of the years were lost. Recently, an attempt was made to ‘reconstruct’ those chiddushim on Shas based on chiddushim and references gleaned from sefer Yeshuos Yaakov. Chiddushei Yeshuos Yaakov al Seder haShas, 7 volumes, printed by Machon leCheker Kisvei Yad – Chochmas Shlomoh, Yerushalayim, 5757-60/1997-2000. In the last months of 5666 (1906), R’ Avraham Yosef Fisher, a well-known publisher, printed R’ Yaakov’s teshuvos from manuscript, in Peterkov. According to R’ Fisher, he was given the autograph from the then Gerrer Rebbe, R’ Avraham Mordechai Alter (author of Imrei Emes) for printing. The responsa were reordered according to the Shulchan Aruch, and in the end of the sefer, a table of contents as well as a list of errata and annotation was added. For reasons not fully explained, R’ Fisher printed the book sans approbations that he claimed to have received from various leaders. He had applied to several sages for their approval, and while waiting for their response, decided to publish without them. In deference to those letters not at hand, he chose to omit those he did have, citing his desire to publish as taking precedence. This printing of the sefer was photo-mechanically reproduced in New York some forty years ago. Several months after his sefer was printed, R’ Aryeh Leib Broide, the son-in-law of R’ Yaakov’s grandson and heir, R’ Tzvi Hirsch, issued a variant title page, and introduction. Claiming that the book had been in his personal possession to date, he alone had sent it to a printer, one Shimon Neiman for publication. Seemingly, the book changed hands, R’ Fisher took possession of the printed volumes, selling them under his name, with R’ Aryeh Leib Broide receiving a mere thirty volumes. As rightful owner, R’ Aryeh Leib decried this act, and wondered how the name of the Gerrer Rebbe had been brought in to the fray. The variant pages were then bound to these thirty volumes. Speculation as the behind the scenes reasoning would be an exercise in futility, as no word of it was mentioned by the Gerrer Rebbe himself.[13] While it is possible that R’ Aryeh Leib’s claims are accurate, R’ Fisher was a respected publisher, and would only stand to lose by stooping to theft. Further, the silence of the Gerrer Rebbe on the issue is deafening in its own right. What cause could he have had be still regarding this issue? If he did give the book along with a letter, why remain silent? On the other hand, if his name was simply being used, why did he allow himself to remain an accessory to theft, even if only a defacto one? One might postulate based upon the religious leanings of those involved. Lvov at the time was torn between the haskalah movement, and the majority of its opposition, the Chassidim. While R’ Yaakov stood strong against the waves of the enlightenment, after his passing those safeguards he passed began to lose potency. The Rabbinate in Lvov became politically controlled by those with positions of power and wealth, and sentiment among the Chassidic community in Lvov was that even R’ Tzvi Hirsch was suspect of leaning towards the maskilim.[14]> Certainly R’ Aryeh Leib was considered controversial. His son Mordechai (Marcus) studied in Polish schools, received a doctorate, and married Martin Buber’s sister, Gila. It is possible that R’ Neiman had suspicions as to the religious opinion of the book, seeing how the main buyers market were Chassidim. Should the book be published under R’ Aryeh Leib’s name, it might not sell. Moreover, it could be he suspected R’ Aryeh Leib of wanting to edit the text, based on his personal leanings. Perhaps he sent it to the Gerrer Rebbe, who in turn allowed for R’ Fisher to print it, and use his name. In the event of exposure, R’ Fisher would take the blame, while the Gerrer Rebbe would remain silent, thereby obfuscating the facts. This year, a new edition of this controversy-fraught sefer has been published. Completely re-typeset, with the annotations and corrections penned by R’ Fisher added in their rightful locations. Additionally, an index has been set up, to reference the standard ensemble of basic halachic texts; Shas Bavli and Yerushalmi, Rambam, Tur and Shulchan Aruch. Many of the responsa are those alluded to by R’ Yaakov in his Yeshuos Yaakov; some of the letters are replies to expound his thoughts in Yeshuos Yaakov. A veritable ‘who’s who’ of Galitzian Rabbis can be listed among those querying R’ Yaakov; R’ Chayim Halberstam of Sanz, R’ Aryeh Leibish of Stanislaw, and R’ Moshe Sofer, to name a few. The current publisher did not feel the edition would be complete without scouring the available literature and storehouses for those novella and letters that are not readily available. Such, an addendum was appended to the sefer, with additional responsa, derashos, chiddushim and even witticisms and anecdotes not found in the more common seforim. Of note, is a particularly interesting piece R’ Yaakov expounded upon in the main beis medrash of Lvov in honor of Kaiser Franz Joseph [Emperor Franz II], on June 29 1814 (the 11th of Tamuz 5). The spirit of the derashah is the miraculous victory the Emperor had over Napoleon Bonaparte, and how he was Divinely aided in battle. A lone copy of this sermon survived, and Dr. M. Balaban reproduced it in his volume in honor of Dr. Mordechai (Marcus) Broide. Other curios include novella that elaborate on those posed in Yeshuos Yaakov, and anecdotes from obscure works of that period. In one incident, while speaking with a local Rav of lesser standing, R’ Yaakov offered a very insightful thought. The Rav, realizing the potential use of this thought in a personal derashah, asked of R’ Yaakov to ‘present’ him with this thought and make it his “own”. Understanding the Rav’s motive, R’ Yaakov agreed under one condition: that upon using the thought as his own, he must announce that he received it as a gift from R’ Yaakov. As a final touch, the publisher added a photo of the original title page, as well as the variant pages printed by R’ Aryeh Leib. The ability to locate an extant copy of one of thirty copies ever bound testifies to the sheer effort expended in this edition.[Available at Girsa Books, Jerusalem; Biegeleisen Books, Brooklyn NY USA, and fine bookstores worldwide]

[1] Originally, the sefer was written as glosses and comments on Tur, much like the work by his father-in-law. [One might correlate the two works even more closely, and claim both emanated from marginal notes. See Prof. Y. S. Speigel, Amudim bToldot Hasefer haIvri, vol. 1, p. 297.] Later these notes were edited to form the present commentary.[2] R’ Shmuel married R’ Yoel’s widowed daughter-in-law (m. R’ Shmuel Tzvi Hertz, son of the Bach), and raised her orphan R’ Aryeh Leib, author of Shut Shagas Aryeh (w/ Kol Shachal). R’ Aryeh Leib was sent along with his brother by his stepfather to investigate the issue of Shabbtai Zvi.[3] During the outbreaks of 5424, two of his sons were massacred along with hundreds of the cities inhabitants. See D. Kahane, Sinai, 100 (Jubilee Volume), pp. 492-508.[4] Both published by Mossad HaRav Kook from manuscript.[5] Author of Shut R’ Chayim HaKohen.[6] Indexed by Jacob B. Mandelbaum.[7] Unfortunately, he never made it to E. Israel, having passed away along with his wife in the city of Salonika, Greece, and is entombed there. See A. Brick, Sinai 61, pp. 168-84.[8] Introduction to Yeshuos Yaakov.[9] Citation in Klillat Yofe and see here as well.[10] Called “the charities of R’ Meir Baal Hanes”. There is uncertainty regarding the true name of this charity. Historically, the tanna Rebbi Meir was never called “Baal HaNes” and the name is not found in neither Geonic literature or in works by the Rishonim. Furthermore, geographical guidebooks that list gravesites in E. Israel mention TWO R’ Meirs, one in Teveryah (this is the grave of the well known tanna, the student of R’ Akiva and friend of R’ Yehuda and R’ Shimon Bar Yochai) and one in Gush Chalav, the second bearing the name “Baal Hanes”. This would seem to distance the moniker from the well known R’ Meir even further despite his ability to perform miraculous accounts (see A”Z 18b. see also Petach Eynayim by R’ Chida ad loc). In his pamphlet biography of Ramban, R’ Reuven Margolis notes the above discrepancies. Based on Ramban’s final sermon in Spain, extolling the urgency to support those dwelling in the Holy Land, as well as Ramban’s personal activities in founding a house of worship along with a yeshiva in the then desolate Yerushalayim, R’ Margolis offers a novel theory. He is of the opinion that at one point, whether while heading his personal yeshiva in Yerushalyaim, or perhaps as the subsequent head of the Yeshiva of R’ Yechiel of Paris in Acco, Ramban established a central organization charged with soliciting and collecting funding from the Diaspora. As the years passed, the fund was named after its founder, Charities of Ramban. In all likelihood, at the fall of Acco to the Mamelukes, the Yeshiva was dismantled, and the funding dwindled, the name falling into disuse. At the rebirth of E. Israel settlement, perhaps in the times of R’ Chayim Abulefia in Tiveryah, the acronym forming the name RMB”N was reinstated as an antique fund, and further misinterpreted to be read R’ Meir Baal haNes.[11] Father of Dr. Marcus Broide. Out of respect for his grandfather, who opposed secular studies, Marcus did not attend university. See M. Balaban, Shalshelet haYachas shel Mispachat Orenstein-Broide, Warsaw, 1931.[12] Intro to Y”Y al hatorah[13] Rosh Gulat Ariel (A.M. Segal, Yerushalayim, 1990) page 378 citing an article in Ner Yisroel by the late R’ Tzvi Yizchok Abromovitz, rabbi of Chatzor HaGalilit.[14] Balaban.




Marc B. Shapiro: A Tale of Two Lost Archives

A Tale of Two Lost Archives
by
Marc B. Shapiro
I have spent much of my professional life rummaging through collections of documents, mostly in well-kept archives, but sometimes also in hard-to-reach places in basements and attics. Fortunately, I have made some great discoveries in these places, but I will now tell you a story that doesn’t have a happy ending.
It begins around fifteen years ago, when I was researching the life of R. Jehiel Jacob Weinberg. With the strength that only someone in his twenties has, I traveled around the world, knocking on doors, and tracking down every letter I could find written by Weinberg.[1] During this time I was in touch with the widow of R Hillel Medalie. While not a student of Weinberg, Medalie became close to him after the war. During this time he was serving as rabbi of Leeds, a tenure which incidentally led to a terrible dispute with R. Solomon Fisch, another rabbi in Leeds.[2] The dispute was so bad that Fisch refused to serve with Medalie on the Leeds beit din, and R. Joseph Apfel was appointed a dayan in Fisch’s place. Apfel was a student of Weinberg, and more responsa in Seridei Esh are addressed to him than anyone else. At this time, he was serving as a hazan in Leeds, but after being appointed to the beit din his impressive learning was able to come to the fore.
In 1996 Apfel published Yad Yosef, which contains his collected writings. It also contains letters from numerous great Torah scholars including R. Jehiel Jacob Weinberg, R. Dov Berish Wiedenfeld, the Lubavitcher Rebbe, R. Isaac Jacob Weiss and R. Nachum Eliezer Rabinovitch. Among the most interesting teshuvot is one that is written by R. Pinhas Toledano, the Sephardic Av Beit Din of London. Apfel turned to him with the following problem: In Leeds there is a Jewish old age home and a non-Jew cooks for the residents on Shabbat. Is this permissible? Apfel had argued that the elderly residents are regarded as holeh she-ein bo sakanah, and it is permissible for a non-Jew to cook for a holeh she-ein bo sakanah. Others disagreed and Apfel turned to Toledano for his opinion.[3]
Toledano points out that while Apfel is correct that a non-Jew may cook for a holeh she-ein bo sakanah, (see Shulhan Arukh, Orah Hayyim 328:19), it is not at all clear that all old people have this status. Nowhere in the poskim do we find such a notion. So apparently, only for those elderly who suffer from diabetes, asthma or the like can the non-Jew cook. Yet Toledano concludes that the cooking is nevertheless permissible. Since the non-Jew is hired for the entire year, i.e., a contract worker, and can miss some days (vacation, etc.), there is room for leniency. While normally melakhah cannot be done in the house of a Jew because people will assume that the worker was hired to do the labor on Shabbat, in this case everyone knows that the cook is not hired on a daily basis. Toledano supports this contention by pointing out that in London everyone has milk delivered to the house on Shabbat and no one has raised any problems with this. I am too young to remember milk delivery, but I assume that this was the case in the U.S. as well, and the parallel is the daily delivery of newspapers. Toledano therefore concludes that it is permissible to have the non-Jew cook in the old age home. Yet he adds that even though halakhically this is OK, since it is very strange to permit such a thing in a Jewish old age home, the best thing to do is to cook the food on Friday and put it on a hot plate on Shabbat.
Returning to Medalie, from Leeds he went on to become the rabbi of the Antwerp community. After his death in 1977, a very nice memorial volume appeared honoring both him and his father, R. Shemariah Judah Leib Medalie.[4]
Here is a picture of R. Hillel.

Here is R. Shemariah.

Although he came from a Chabad background, I don’t know how strong Medalie’s connection was to the movement throughout his life. His father, R. Shemariah, was close to the Rebbe, R. Yosef Yitzhak, and was a very important figure in Chabad spiritual activities in the Soviet Union.[5] He was also a major figure in the political activities that took place in Russian Orthodoxy after the fall of the Czar.[6] In 1933 he was appointed rabbi of the Moscow synagogue, which meant that he was regarded as the rav of the entire city, and also made him the most important rabbi in the Soviet Union.

Before he left the country, R Hillel Medalie studied in a secret yeshiva that was headed by R. Mordechai Feinstein, R. Moshe’s brother, who was the rav of Shklov. R. Moshe Zvi Neriyah was also a student here. The communists would later exile R. Mordechai to Siberia, where he died.[7] In the 1950’s Medalie wrote to Weinberg about his attempts to secure his father’s release from the Soviet Union. It had been years since he had communicated with his father and he did not know that in 1938 R. Shemariah was arrested, accused of counter-revolutionary activities, and shot.[8]

R. Shemariah was one of many great talmidei hakhamim who were stuck behind the Iron Curtain, and even if not killed by the regime, lived out their days in what can only be described as a living hell.[9] While it was bad for everyone in the Soviet Union, for those whose lives revolved around Torah it was even worse. In accordance with the Lubavitcher Rebbe’s wishes, the elder Medalie did not attempt to leave the Soviet Union. While other rebbes and great rabbis were fleeing the country, the Rebbe told his followers to stay, as it was their responsibility to bring Torah to the Jewish people, even in times and places of darkness. He told them that they should not only think about their own physical and spiritual well-being but that of the Jewish people as a whole.

The Rebbe only changed his position in 1930 “when Stalinist terror was unleashed against rabbis and religious functionaries. But by then the difficulties connected with leaving the USSR were formidable and large scale emigration was impossible.”[10] What this meant was that virtually all of the children and grandchildren of these hasidim ended up completely assimilating, and I think that in retrospect we can say that it was a terrible misjudgment. However, it must also be stated that when communism fell, there were still Habad families that had remained religious throughout all this time. The next time someone complains about how Habad is now dominating religious life in the former Soviet Union, he should remember this.

This reluctance towards leaving the galut, even to go to Israel, is tied in with the Habad ideology that stresses the need to keep Judaism alive throughout the world. While this is generally a very good thing, as all world travelers can attest, sometimes the way it is expressed can be maddening for a religious Zionist to read. For example, in 1955, a few years after he became Rebbe, R. Menahem Mendel Schneersohn said as follows to his followers (Sihah for 20 Av, 5715):

גם כאשר נמצאים בחוץ לארץ הרי זה המקום אשר יבחר ה’ אלקיך בו, וגם כאן יכולה להיות עבודת הקרבנות ברוחניות . . . וזוהי ההוראה שצריכים להפיק מפרשת היום – ש”בכל המקום אשר אזכיר את שמי” הרי זה ארץ ישראל

This downplaying of the Land of Israel was too much for R. Zvi Yehudah Kook, and he responded as follows (Le-Hilkhot Tzibur, p. 33):

התואר “המקום אשר יבחר ד’ א-להיך בו” נאמר בתורת ד’ מן השמים רק על קדושת ארץ ישראל וירושלים שאיננה ניתנת להעברה וחלופין ח”ו על שום מקום בעולם . . . עבודת הקודש של העסק בתורה, שקידתה, הגדלתה והאדרתה וחרדת קודש של קיום מצוותיה הקדושות באמונה שלימה, ולדבקה בד’ א-להים חיים ללכת בדרכיו, והחיוב על כל אדם מישראל לחזור כל ימיו בתשובה, לעולם לא תעקור, לא תמלא את המקום ולא תחליף את מצוות ד’ של עבודת הקרבנות, שמקומה רק בפנים ולא מבחוץ. “בכל מקום אשר אזכיר שמי, שם ארץ ישראל” – ארץ ישראל מוגדרת ומוגבלת ומסומנת לקדושתה וסגולתה ולהגדרות חיובי מצוותיה ממקורות תורה שבכתב ותורה שבע”פ מקורות חז”ל דברי רבותינו גדולי ישראל ראשונים ואחרונים. וזה לשון הגמרא ברכות דף נז. “העומד ערום בחלום, בבבל עומד בלא חטא, בארץ ישראל ערום בלא מצוות” ולשון קדשו של רש”י שם: “בבבל עומד בלא חטא, לפי שחו”ל אין לה זכיות, אלא עוון יש בישבתה וזה עומד ערום בלא אותם עוונות.” ע”כ

Returning to Medalie, he also had a very good secular education, having received an MA from the University of Manchester and a doctorate from Trinity College in Dublin. In fact, Moshe Sharett, who was Israel’s first foreign minister, wanted Medalie to serve as Israel’s ambassador to Great Britain. Medalie declined the request after discussing the matter with the Hazon Ish.[11] Knowing of his closeness to Weinberg, I was anxious to examine his papers to find any letters from him, as well as from other great rabbis. His widow told me that all of his papers had been deposited at Machon Ariel in Jerusalem. No one had gone through them; they had simply been thrown into boxes and taken away.

Around twelve years ago I went to Machon Ariel to try to find out something about the papers. No one could tell me anything and I almost despaired. Fortunately, with the help of a janitor I found two giant boxes in a storage room in the basement. This contained all the materials taken from Medalie’s home. There was no light in the storage room or even in the basement (something was wrong with the electricity that day). The only light I had was from the windows on the top of the basement walls. I took the boxes, one at a time, and emptied them on the floor. I then spent a number of hours going through all the papers, putting aside everything that came from Weinberg. The rest of the material, including letters, speeches, and pictures, was of great interest and documented many years in the rabbinate. But this would have to wait until another day. For now, my focus was on in finding the Weinberg material, and I was able to make copies of whatever I located. I used a number of the Weinberg letters in my book and also published some of them in Kitvei ha-Rav Weinberg, vols. 1 and 2.

I was leaving for the U.S. on the following day, so I made a note to myself to come back to Machon Ariel and carefully go through both large boxes. I knew that there was all sorts of fascinating material in these boxes and was very excited about a return trip. Shortly before I left, I looked at another large box (or maybe even two or three; I can no longer recall). This was full of Pinchas Peli’s papers. Peli, who was a distinguished person in his own right, played a major role in bringing knowledge of R. Soloveitchik’s thought to Israel, with the publication in 1975 of Al ha-Teshuvah. Here is his picture.

Peli had a nice relationship with the Rav and I had no doubt that there were letters from the him among the Peli papers, but this too have to await a return trip. I was certain that no one would beat me to this, as no one cared, or even know, about the dusty boxes in the basement storage room, which had dishes and glasses in front of them. (There was a small catering business in the basement.) I had seen it before – boxes placed in some far-removed place where they remain for years and years, out of sight and out of mind, much like the Cairo Geniza. There is no doubt that when the Medalie and Peli papers were donated, the survivors didn’t expect that they would be put in some far away place where no one could examine them. They thought that the papers would be catalogued and kept in some sort of archive. Since Machon Ariel had not done anything in this direction, I figured that on a future visit I would take out all of the important material and then speak to the people in charge, alerting them to whatever treasures I had found and asking that they be kept in some sort of archive.

Mrs. Medalie told me that when the papers were at her home, some Chabad people had already looked through them for material from the Rebbe. She asked me to keep an eye out for any letters from him. Unfortunately, I didn’t see anything, and presumably the material had already been removed. There are some letters to Medalie in the Rebbe’s published correspondence. However, there are also many that do not appear there, but are found in R. Shalom Dov Ber Wolpo’s Shemen Sason le-Haverekha,[12] which has a lengthy chapter on Medalie and the Rebbe. I assume that the new letters published here are what that the Chabad people found at the Medalie home.

While I was working in the basement no one was watching me. No one even knew I was there. I could have walked off with anything. I considered the possibility that all this precious material would one day be lost, since Machon Ariel had no interest in it. (They probably accepted it in order to do the families a favor, but didn’t have the resources to do anything with the boxes). I rationalized to myself that since the material wasn’t being taken care of properly, something should be done. I thought that since I could watch over it and give the material a good “home,” that it would be OK for me to walk off with it. But I immediately squelched the thought, since stealing is always improper. Although there is a long list of people who have pilfered books and manuscripts, I didn’t want to join the list, even for the best possible reason.

In January 2007 I finally had the opportunity to return to Machon Ariel to pick up where I left off. I saw that the basement is now a nursery school. Everything that used to be there was removed a number of years ago. There was no one there to talk to about this at the time, but in June 2008 I returned and had the janitor take me around. The boxes were nowhere to be seen. None of the administrators had any idea what I was talking about. I was shown the library, which is undergoing renovations. It was a mess and there were a bunch of boxes that were set to be taken to genizah the following day. What a story it could have been if I had been able to save the Peli and Medalie boxes one day before they were to be lost? But unfortunately, the material was not there. I assume that when the new construction happened in the basement, the boxes were thrown out like so much other garbage. For an average person looking at a large box with old papers, it certainly would have looked like garbage. Yet how much precious material is now lost forever.

For all the great and important material found in archives around the world, much more has been lost. In fact, only a few years ago the son of one of Weinberg’s students contacted me about getting copies of the letters of Weinberg to his father, since they can’t find the originals. The father gave me copies many years ago and now they are lost. After he passed away and his house was cleaned, the letters were mistakenly thrown out. Such was probably the fate of many of the Weinberg letters that I was given copies of. It is the way of the world and there is little we can do about it, but it is frustrating nonetheless.

The visit to Machon Ariel was noteworthy in at least one respect. On the floor of the library, waiting to be sent to the genizah, was a large pile of issues of Panim el Panim. This was a weekly that appeared in the 1950’s and 1960’s, edited by Peli, which covered the entire range of Orthodox life, and included interviews with leading figures from all camps. Unfortunately, it is not available online. One of its outstanding features were the numerous pictures of gedolim, rabbis, scholars, and public figures, many of which are found nowhere else. I grabbed one issue (20 Elul 5724), in order to have something to read in the hotel, and in it one finds the following pictures of Abraham Berliner

and Jacob Barth,

which as far as I know do not appear anywhere else.

Here is a picture of R. Aaron Walkin of Pinsk, which I don’t recall ever having seen.

While on the theme of pictures of gedolim, let me note what appears in the recent volume focusing on the life of R. Bezalel Rakow, the Rav of Gateshead.[13] Rabbi Rakow thought very highly of such pictures and had them all over his house. He felt that today, when there are so many inappropriate pictures everywhere we look, it is important to have pictures of great rabbis to act as a counter. Here is a picture of Rabbi Rakow, from the beginning of the volume.

Getting back to Panim el Panim, one of the cover stories in the issue I took is about how R. Yehezkel Sarne visited Heichal Shlomo and the conflict this created, since by so doing R. Sarne was violating the Brisker Rav’s ban against the institution. Some believe that it was the Brisker Rav’s harsh stance that prevented his nephew, R. Joseph B. Soloveitchik, from accepting the offer to become Chief Rabbi of the State of Israel.

In general, the views of R. Sarne, and his Chevron Yeshiva, were more moderate than much of the haredi world (although he was known to be very anti-Habad). A glance at the names of those who attended the yeshiva shows that there are outstanding figures from all across the religious spectrum.[14] It is because of this that I was a little surprised when I read in a biography of R. Shakh[15] that R. Sarne once spoke very negatively to R. Shlomo Yosef Zevin about the Lubavitcher Rebbe. In fact, according to this source when R. Sarne was ill and R. Zevin visited him, R. Sarne told R. Zevin that his hasidut is heresy, his Rebbe is a heretic, and he is a heretic. When his health improved he went to R. Zevin’s house and apologized for treating him that way when the latter came to visit him. But now that he is at Zevin’s house, he wants to reaffirm that his hasidut is heresy, his rebbe is a heretic, and he is a heretic! The story as it appears is obviously a yeshiva fairy tale. But I asked R. Hayyim Sarne, R. Yehezkel’s son and current Rosh Yeshiva of Hevron (the Geula branch) if it is true that his father once spoke harshly to R. Zevin about Habad. He told me that it is true but that his father later apologized to R. Zevin, i.e., a real apology.

Since I mentioned R. Sarne and his inappropriate comments, let me tell another story that relates to the fact that he would sometimes say things that perhaps he shouldn’t have. Those who have read my book no doubt recall the funeral scene that I describe right at the beginning.[16] That, more than anything else, really shows the difficulty in placing Weinberg in any particular category. I actually feel that it was appropriate that he was buried in Har ha-Menuhot with all the other great rabbis, rather than the place chosen by the Mizrachi leaders (even if R. Herzog is also buried there). I say this for the following reason: R. Weinberg could not live in the haredi world. His views were too different from them. In fact, as my friend Shlomo Tikochinski has correctly pointed out, Weinberg is the only great sage respected in the haredi world whose views are so much at variance with it.

Yet while Weinberg wanted to live as a more modern type of rabbi, one who was a Zionist and academic scholar in addition to being a Torah sage, he wanted to be remembered as a gadol be-Yisrael. At the end of the day, he wanted his Torah works to be studied, and the only place for this was in the great yeshivot. So although he couldn’t live in their world, for posterity he would have wanted his legacy to be with them. However, I must also add the following: When Weinberg passed away all the great yeshivot were in the haredi orbit, so it would be natural that this is where he would want to be remembered. At that time, high level Torah study could hardly be found in the Mizrachi world. However, things are very different now, with the flowering of religious Zionist yeshivot of all sorts. If Weinberg were alive today, he would be able to feel fully comfortable in the religious Zionist world, since he would see the intensive Torah study and openness to secular learning of places like Maaleh Adumim, Har Etzion, and the like. Yet these yeshivot simply didn’t exist in his lifetime.

Not long after my book appeared, I was in a bookstore in New York City (does anyone remember Ideal Books?). I started talking to a certain fellow who happened to be a rav in Brooklyn and a son of one of the great Torah scholars of the previous generation. He told me that he is the only one alive who can testify as to what was said in the conversation between R. Yehezkel Sarne and the men who were in charge of the funeral, after R. Sarne and his students stopped the procession. (At the time, he was a student at the Chevron yeshiva.) Before he told me the story, he noted that one should remember that in his old age R. Sarne sometimes said things that were not appropriate. He gave one example of this: R. Sarne once went into the Brisk yeshiva and started screaming at the students that they should start learning mussar (Brisk being a place where they don’t do this). Only after telling me this story was he ready to inform me what was said at the funeral. According to him, after arguing with R. Sarne about where to bury Weinberg, Zorah Warhaftig, the Minister of Religions, was exasperated and declared: “But we have already dug the grave.” To this, R. Sarne replied (in Yiddish): “Put yourself in it!” The yeshiva students then took the coffin and proceeded to Har ha-Menuhot.

Returning to my conversation with R. Hayyim Sarne, which began with a discussion on Weinberg and moved into other areas, I was at his home for a good while and asked him many things. I even got into a disagreement with him on one issue. I am sure this surprised him, since roshei yeshiva are not used to young men challenging something they say. He insisted that it was better for people to be secularists than to identify with one of the non-Orthodox denominations. I responded that the opposite was the case, as the non-Orthodox groups at least add some Jewish content to people’s lives. They also help slow down assimilation. (Of course, all this is valuable in and of itself, but from a purely utilitarian standpoint it also makes the job of the kiruv organizations easier.) Yet he didn’t buy it and couldn’t even see my point, which I think is shared by virtually all thinking people in the Diaspora.

I used the conversation to ask him why the haredim have such a negative view of R. Kook’s philosophical writings, and his answer was very enlightening. To this day I have never seen it anywhere in print. He told me that one can turn pages and pages in R. Kook’s philosophical works without coming across a rabbinic text (ma’amar hazal). He insisted that a “kosher” work of Jewish thought must be constantly citing rabbinic texts. I had never thought of this point before, but I think it is quite significant. As all who study R. Kook know, he writes in such an original fashion that he becomes the primary text, and one can indeed turn many pages before seeing a ma’amar hazal.

In the new biography of the Brisker Rav (R. Velvel Soloveitchik), there is a very nice picture of R. Hayyim Sarne and his father in Switzerland, together with R. Jehiel Jacob Weinberg and R. Wolf Rosengarten of Zurich.[17] This has nothing at all to do with R. Velvel. It is included because the picture was taken in Switzerland and the biography discusses R. Velvel’s few trips there for health reasons. I assume that the author had this nice picture which he wanted to include, so he found some tenuous connection, even though, as I mentioned, it has nothing to do with R. Velvel.

While R. Velvel was in Switzerland, he was taken care of by Rosengarten, who appears prominently in the biography. R. Velvel also spent a lot of time with his nephew, R. Moshe Soloveitchik of Zurich. Both Rosengarten and Soloveitchik were also close to Weinberg. It has fascinated me that in all of the hundreds of letters that I have, Weinberg never mentions the Brisker Rav’s trips to Switzerland. He also had no interest in going to meet R. Velvel, even though the distance between them was no more than a few hours. I get the feeling that Weinberg felt that R. Velvel was in such a different world that it would be hard for them to even have a pleasant conversation. It might be that he was even intimidated by the Brisker Rav’s extremism. What makes this more interesting is that R. Moshe Sternbuch, who had become a great follower of the Brisker Rav, was also close to Weinberg. R. Bezalel Rakow taught at the Montreux yeshiva in the 1950’s, and he too had a very close relationship with Weinberg. As with so many other Torah scholars in Switzerland, Rakow too went to see the Brisker Rav.

I think we might get a sense of why Weinberg made no effort to meet R. Velvel from the following story:[18] When Rakow went to meet R. Velvel, the latter refused to see him after he heard that he taught at the yeshiva in Montreux. This yeshiva was founded in 1927 and drew students from all over Western Europe. While R. Elijah Botchko, the Rosh Yeshiva, was a member of Agudah and the yeshiva was viewed as part of this world (R. Aharon Leib Steinman even studied there during World War II), he didn’t tow the party line and was certainly more positive towards Zionism than the typical Agudist. Both he and his son and successor, R. Moshe Botchko, were also not opposed to the students getting a secular education. In the 1950’s there was even a plan to for the yeshiva to provide this. It is this issue in particular that is mentioned in explaining why the Brisker Rav refused to see Rakow:

דאפשר שגם הוא בין אלו שרצו להכניס בישיבה לימודי חול בין כותלי הישיבה

Only after Rakow was able to convince the Brisker Rav’s son that he had the proper hashkafot was he permitted to meet the Brisker Rav. He later recalled that the reason he was able to develop a good relationship with R. Velvel was because the latter valued his efforts in “fighting at the yeshiva so that they not incorporate secular studies.” I think it is likely that knowing how different his outlook was from that of R. Velvel, and that R. Velvel had no hesitation in speaking his mind, Weinberg decided to avoid what might turn into a difficult meeting. Whereas other gedolim from the yeshiva world wouldn’t dream of getting into an argument with Weinberg or telling him why his outlook was mistaken, the Brisker Rav, who always spoke his mind, would have had no such compunctions. As for the Montreux yeshiva, in 1985 it relocated to Israel and is now a hesder yeshiva.[19] This shows that even apart from the issue of secular studies, the yeshiva did not share the Brisker Rav’s approach.
[1] Since my book appeared I have also discovered many more letters, including a collection sent to one of the leaders of the yeshiva world (whose identity I am not at present able to divulge). In my Note on Sources, found after the preface, I mentioned that while such letters might cause me to reevaluate some of my conclusions, I was confident that the picture I presented would not be substantially altered. I was happy to see that nothing in these letters caused me to change any of my earlier thoughts.
[2] See Fisch’s Yeriot Shlomo (Jerusalem, 1983). Among Fisch’s contributions to Jewish scholarship are his editions of Midrash ha-Gadol on Numbers and Deuteronomy and his commentary to Ezekiel in the Soncino Books of the Bible.
[3] Incidentally, I think that the standard position is that bishul akum for a holeh she-ein bo sakanah is only permitted on Shabbat, but not during the week. See e.g., Kaf ha-Hayyim, Orah Hayyim 328:119. Halakhic experts, please correct me if I am mistaken.
[4] Shiloh, ed. R. Shlomo Yosef Zevin (Jerusalem, 1983).
[5] When the non-Hasidim and Chabad were finally able to agree on a joint political front in the Soviet Union, the plan was for a group of four non-hasidic and three hasidic rabbis to form a sort of Moetzet Gedolei ha-Torah, the members of which did not have to actually live in the Soviet Union. The four non-hasidim chosen were R. Chaim Ozer Grodzinski, R. Isser Zalman Meltzer, R. Isaac Jacob Rabinowitz, and R. Avraham Dov Baer Kahana Shapiro. The hasidic side was to be represented by R. Yosef Yitzhak Schneersohn (the Lubavitcher Rebbe), R. Menahem Mendel Schneersohn (the son of the Bobruisker Rebbe, R. Shemariah Noah), and R. Shemariah Medalie. See Mordechai Altschuler, “Ha-Politikah shel ha-Mahaneh ha-Dati ve-ha-Haredi be-Rusyah bi-Shenat 1917,” Shvut 15 (1992), p. 22.
[6] I mean, of course, Russian Jewish Orthodoxy, but I think it is worth noting that in pictures of rabbis from Old Russia one sometimes has trouble telling them apart from the Russian Orthodox priests, as they both work black and had beards. In fact, I found one such example with an American Orthodox rabbi. See here.
[7] See Iggerot Moshe, vol. 8, introduction, p. 18.
[8] See Avraham Greenbaum, Rabbanei Berit ha-Moatzot bein Milhamot ha-Olam (Jerusalem, 1994), p. 36. Greenbaum also notes that in 1937 R. Hillel Medalie’s brother, R. Moshe, was exiled to Siberia where he was killed. Unfortunately, this helpful book is not available online. However, I would like to call readers’ attention to another book which is also quite valuable and is online: Peninah Meizlish’s Rabanim she-Nispu be-Shoah. This book contains an enormous list of rabbis who perished in the Holocaust. Available here.
Speaking of online resources, it amazes me that there are still people who buy the Bar Ilan Responsa CD. Apparently, they don’t know that one can access this through the Spertus College library for very little money.
[9] Another example is R. Levi Yitzhak Schneersohn, the father of R. Menahem Mendel, the last Lubavitcher Rebbe. R. Levi Yitzhak died in 1944 after having been exiled to Kazakhstan. See Avraham Greenbaum, “Rabbi Shlomo (Solomon) Schlifer and Jewish Religious Life in the Soviet Union 1943-1957,” Shvut 8 (1999),p. 126 n. 10. Another example is R. Shaul Yisraeli’s father, R. Binyamin, who was rav of Koidanovo, a town near Minsk (see R. Shaul’s introduction to his Amud ha-Yemini). He was exiled to Siberia where he died. R. Shaul writes that his grave site is unknown, and therefore he called his first book Amud ha-Yemini, למען יהא לעמוד זכרון על קברו אשר לא נודע. R. Shaul and two others escaped from the Soviet Union by illegally crossing the border into Poland, which would have meant the death penalty if they were caught (as no doubt many others were). This dangerous step was taken only after Moscow’s Chief Rabbi, R. Yaakov Klemes, performed the Goral ha-Gra. See here.
Before setting out for the border, R. Shaul spent time in R. Yehezkel Abramsky’s apartment in Moscow. See Aharon Sorasky, Melekh be-Yofyo (Jerusalem, 2004), vol. 1, p. 199. R. Shaul made his way to Jerusalem where he became one of the leading Torah scholars in Israel. Because of his religious Zionist outlook, he is another figure who is scrupulously ignored by the Frankel Rambam, even though he was an expert in the agricultural halakhot and should have been cited repeatedly in the Frankel index to Sefer Zeraim. See R. Yaakov Ariel’s introduction to R. Shaul’s Havot Binyamin. In Sorasky’s book, cited previously in this note, R. Shaul is not referred to as “Gaon” and his name is not affixed with זצ”ל. But we should be thankful that at least R. Kook and R. Herzog are given the proper titles (but not R. Soloveitchik!)
[10] David E. Fishman, “Preserving Tradition in the Land of Revolution: The Religious Leadership of Soviet Jewry, 1917-1930,” in Jack Wertheimer, ed., The Uses of Tradtion (New York, 1992), p. 106 n. 48. Fishman also notes that R. Yosef Yitzhak repeated the advice that his great-grandfather had given to one who wanted to go on aliyah in the 1850’s: “We should make this the Land of Israel. Create a Land of Israel here.” This remained the Habad approach and is one of the reasons why the movement never stressed aliyah.
[11] See Nitzan Kedar, “Ha-Medinai she-Nishkah,” Ha-Tzofeh, Nov. 18, 2007, available here.
[12] This book claims that Medalie was born in 1918. Yet this is incorrect. In 1938 Medalie came to England to start his university studies. The Jewish Chronicle of May 20, 1938, has an entire story on this, complete with a picture of the young man. According to the paper, he was twenty-four years old at the time and had received semikhah from R. Isaac Herzog and R. Isser Zalman Meltzer. In Shiloh, pp. 15-16, semikhot from R. Isser Zalman and R. Moses Avigdor Amiel are printed.
[13] Be-Tzel ha-Kodesh (Jerusalem, 2007), p. 131.
[14] See here.
A number of distinguished people are missing from this list, and the following come to mind: R. Eliezer Waldenberg, R. Yitzhak Abadi, R. Aryeh Ralbag, R. Zev Segal, Prof. Yaakov Sussmann, Prof. Reuven Kimelman, and Dr. David Lando.
[15] Moshe Horovitz, She-ha-Maftehot be-Yado (Jerusalem, 1989), p. 94.
[16] Here is a little quiz: What classic book by a woman historian also begins with a funeral scene? Hint: The book is devoted to an event that is often related to the Ninth of Av. I don’t mean the Spanish Expulsion, which contrary to popular belief–a belief popularized by Abarbanel–did not take place on this date. See Yitzhak Baer, A History of the Jews of Christian Spain (Philadelphia, 1978), vol. 2, p. 439.
[17] Shimon Yosef Meller, Ha-Rav mi-Brisk (Jerusalem, 2006), p. 368. I wrote to Meller asking his permission to post the picture, but I haven’t yet heard back from him.
[18] See Be-Tzel ha-Kodesh, p. 118.
[19] See here.